BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120014632 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests payment of the remainder of his Non-Prior Service Enlistment Bonus (NPSEB) in the amount of $10,000.00.

2.  He states:

* it was stated that due to his contract he could not hold a Military Technician (MilTech) position for more than 180 days
* he didn't know and was very unaware of this policy
* he found a temporary MilTech job opening at the U.S. Property and Fiscal Office in Havre De Grace, MD to fill positions until deployed Soldiers returned
* it was never stated when he signed his paperwork that his incentives would be taken away as a result of this job 

3.  He provides his National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 (Enlistment/Reenlistment Document) – NPSEB Addendum – Army National Guard (ARNG)) of the United States).

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Maryland Army National Guard (MDARNG) in the rank/pay grade of specialist/E-4.

2.  The applicant enlisted in the MDARNG on 12 February 2009 for a period of 8 years.  
3.  Annex E to his NGB Form 600-7-1-R-E shows in:

	a.  Section II (Eligibility):

		(1)  item 6 – Headquarters and Headquarters Company, Aviation Brigade, 29th Infantry Division; and

		(2)  items 6 and 7 show he enlisted in military occupational specialty (MOS) 15P (Aviation Operations Specialist), for a Non-Prior Service Critical Skill Bonus (50/50 payment).

	b.  Section III (Payments) shows he:

		(1)  enlisted for a $20,000.00 NPSEB;

		(2)  would receive the first payment at the rate of 50 percent upon completion of initial active duty for training (IADT) and award of the MOS for which enlisted; and

		(3)  would receive a second and final payment on the 36th month anniversary of his enlistment.

	c.  Section V (Termination Without Recoupment) shows he understood he would be terminated from bonus eligibility, without recoupment, if he accepted a MilTech position and on the effective date of his orders had served at least 6 months of the incentive contract term.

   d.  Section IX (Certification by Service Representative) shows the entry:

		(1)  "I certify that I have witnessed the reading and signing of the above agreement and the signature appearing above is that of the applicant.  I have verified the Soldier meets the eligibility requirements of National Guard Regulation 600-7 (Selected Reserve Incentive Programs (SRIP)), paragraph 2-3 and the applicant's MOS/unit is currently eligible for an enlistment cash bonus"; and 

		(2)  In connection with this enlistment he and his enlisting official signed Annex E to the DD Form 4 on the same date (11 February 2009).



4.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered IADT on 3 February 2010 and he was released from IADT on 25 June 2010.  His MOS was listed as 15P and he was credited with completing 4 months and 23 days of active service.

5.  On 24 September 2012, an advisory opinion was received from the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1 which states:

	a.  the applicant enlisted in the MDARNG on 12 February 2009 for the NPSEB in the amount of $20,000.00.  He was paid the first $10,000.00 of his bonus upon award of his MOS;

	b.  the applicant accepted a temporary MilTech position on 5 July 2010.  He was not paid the final installment of his bonus because he exceeded 180 days in this temporary MilTech position;

	c.  though serving a temporary MilTech position for more than 179 days is a valid reason for terminating this incentive without recoupment, the NPSEB Addendum that the applicant signed in 2009 does not indicate this statement.  The applicant claims he was not counseled and had no knowledge of this fact.  The ARNG has corrected this omission in the bonus addendums currently in use; and 

	d.  due to the applicant's inexperience in both the ARNG and the MilTech system and lack of proper documentation and counseling stating how this incentive could be terminated, this office recommended the Board accept the applicant's request and that he receive the remainder of his ARNG Enlistment Bonus.

6.  A copy of the advisory opinion was forwarded to the applicant to allow him to provide comments or a rebuttal.  As of 12 October 2012, no response had been received from the applicant.  

7.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-3, provides that a person is eligible for an NPSEB if they meet the following requirements:

* contract for a term of 8 years (6 years must be in the ARNG)
* meet eligibility requirement for enlistment as an NPSEB applicant 
* enlist for assignment to a vacant position
* meet the educational requirements
* has an Armed Forces qualification test score of 31 or higher
* is not enlisting for a MilTech position
* completes the NGB Form 600-7-1-R-E
* only contracts for one bonus at a time

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for payment of the remainder of his NPSEB was carefully considered; however, there is an insufficient basis to grant the requested relief.

2.  The applicant contends he was unaware that he could not hold a MilTech position for more than 180 days and he wasn't told about this fact when he signed his paperwork for his incentives.  

3.  The evidence of record shows the applicant enlisted for a NPSEB in the amount of $20,000.00.  During his enlistment processing, he acknowledged he understood that if he accepted a MilTech position and on the effective date of his orders had served at least 6 months of the incentive contract term, he would be terminated from bonus eligibility without recoupment.

4.  Notwithstanding the advisory opinion, the NGB Form 600-7-1-R-E warned him if he accepted a MilTech position he would be terminated from bonus eligibility, without recoupment.  The form did not specify that the position had to be a permanent position.  

5.  Since the applicant did not fulfill his contractual agreement by serving in his temporary MilTech position for more than 180 days, he should not be entitled to payment of the remainder of his NPSEB in the amount of $10,000.00.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  __X_____  ___X____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  X _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20120014632





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120014632



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1